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. 



THE LAWS AND RULES AND REG- 
ULATIONS GOVERNING LIVE STOCK 
CONTROL WORK IN TENNESSEE, 
1912. 




01ass_3jli^li_ 
Rnnk ~7\ 2.&S 



Ilia. 



STATE OF TENNESSEE 

DEPARTMENT OF AGRICULTURE, 

STATE CAPITOL 

NASHVILLE 



THE LAWS AND 

RULES AND REGULATIONS 

GOVERNING 



Life StocK Sanitary Control 

work in Tennessee 




THOS. F. PECK, 

Commissioner of Agriculture 

GEO. R. WHITE, M. D., D. V. S., 

State Live Stock Inspector 



APRIL 5, 1912 



1912 

FOSTER & PARKES CO. 

Nashville 



*>£ 



STATE OF TENNESSEE 

DEPARTMENT OF AGRICULTURE, 

STATE CAPITOL 

NASHVILLE 



THE LAWS AND 

RULES AND REGULATIONS 

GOVERNING 

Live Slock Sanitary Control 
Wort in Tennessee 




THOS. F. PECK, 

Commissioner of Agriculture 

GEO. R. WHITE, M. D., D. V. S., 

State Live Stock Inspector 



APRIL 5, 1912 



1912 

FOSTER & PARKES CO. 

Nashville 

DEC 



IK 



CHAPTER 156. y \o V^ 

Senate Bill No. 596. ^ 

A BILL 

To be Entitled "An Act to Prevent the Spread of Communi- 
cable Diseases Among Domestic Animals in the State of 
Tennessee, and to Provide Greater Protection to the Live- 
stock Industry of the State and to Provide Penalties for 
the Violation of this Act, and to Repeal Chapter 424 of 
the Acts of 1899, and to Amend Chapter 46 of the Acts 
of 1897." 

Section i. Be it enacted by the General Assembly of the 
State of Tennessee, That it shall be the duty of the owner or 
person in charge of any domestic animal or animals, who dis- 
covers, suspects or has reason to believe that such animal or 
animals as aforesaid are afflicted with any communicable 
disease, to immediately report the fact, belief or suspicion to 
the County Board of Health of the county in which said 
domestic animal or animals are found. 

Section 2. Be it further enacted, That it shall be the duty 
of the Commissioner of Agriculture and State Live Stock 
Inspector to cooperate with the officials of the Federal Gov- 
ernment and with those of other States in establishing inter- 
state quarantine lines and in enforcing such rules and regu- 
lations as shall best protect all live stock industry of the 
State against splenetic or Texas fever. 

Section 3. Be it further enacted, That the County Board 
of Health of each county, whenever any case or cases of com- 
municable disease among the domestic animals of their county 
is reported to exist, shall immediately cause the same' to> be 
investigated, preferably by a qualified veterinarian, and, should 
such investigation show a reasonable probability that such 
animal or animals are affected with a communicable disease, 
the said County Board of Health shall immediately establish 
such temporary quarantine as may be necessary, in their judg- 
ment, to prevent the spread of disease, and shall, without 
delay, report all action taken to the State Live Stock In- 
spector, and the acts of the said County Board of Health 
establishing said temporary quarantine shall have the same 
force and effect as though established by the Commissioner 
of Agriculture and the State Live Stock Inspector, until such 
timq as they shall take charge of the case or cases, and the 
County Boards of Health of every county in the State shall 
adopt and enforce such rules and regulations as said Com- 
missioner of Agriculture and State Live Stock Inspector may 
prescribe, having for their object the prevention and restric- 
tion of splenetic or Texas fever, or any other communicable 
disease among domestic animals which may be either threat- 
ened or developed in such localities ; and all expenses incurred 
by the County Board of Health in carrying out the provisions 
of this Act shall be a county charge, and shall be paid in like 
manner as other expenses of the county now are. 

Section 4. Be it further enacted, That any person, firm or 
corporation, who shall knowingly import or introduce any 
cattle or other domestic animal into the State of Tennessee 
from any district south of the quarantine line as established, 
or as may be established by the Secretary of the United States 



Department of Agriculture or Congress, which is affected with 
splenetic or "Texas fever," or which bears upon its or their 
body or bodies fever ticks (boophilus bovis) or other causes 
of said diseases, unless such cattle so introduced or imported 
are immediately slaughtered, or are brought into the State in 
conformity with such rules and regulations as may be pre- 
scribed by the Commissioner of Agriculture and State Live 
Stock Inspector, shall be guilty of a misdemeanor, and, upon 
conviction thereof, shall be fined in any amount not less than 
five hundred dollars nor more than five thousand dollars, or 
confined in the county jail for not less than one nor more than 
three years in the discretion of the court. 

Section 5. Be it further enacted, That any person who 
owns or is in possesion of live stock reported, or suspected, 
to be affected with any communicable disease or with insects 
which may produce such disease, who shall refuse to allow 
said County Board of Health, or any one acting under its 
orders, or the State Live Stock Inspector, or any one acting 
under his orders, to examine such stock, or who shall hinder 
or obstruct any of them in any examination of or in any 
attempt to examine such stock, shall be deemed guilty of a 
misdemeanor, and, upon conviction thereof, shall be fined in 
any sum not less than fifty dollars nor more than two hun- 
dred dollars. 

Section 1 6. Be it further enacted, That any person who 
shall have in his or her possession any domestic animal affected 
with any communicable disease or fever tick, knowing such 
animal to be affected, or who shall permit such animal or 
animals to run at large, or who shall keep such animal or 
animals where other domestic animals are not affected by or 
previously exposed to such communicable disease may be 
exposed to its contagion or infection ; or who shall ship, 
drive, sell, traffic or give away such animal or animals which 
have been exposed to such infection or contagion; or who 
shall move or drive any domestic animal in violation of any 
direction, rule, regulation or order of said Commissioner of 
Agriculture or Live Stock Inspector, establishing and regu- 
lating live stock quarantine, or the restriction or spread of 
communicable diseases among domestic animals, shall be 
deemed guilty of a misdemeanor, and upon conviction thereof 
shall be fined in any amount not less than fifty dollars nor 
more than one hundred dollars for each of such exposed or 
diseased domestic animals which he or she shall permit to run 
at large, or sell, ship, drive, trade or give away, in violation 
of the provisions of this Act; provided, that any owner of 
domestic animals which have been affected with or exposed 
to any communicable disease may dispose of the same after 
having obtained from said Commissioner of Agriculture, or 
the Live Stock Inspector, or the State Veterinary Surgeon, a 
certificate of health for such animal or animals. 

Section 7. Be it further enacted, That the Commissioner 
of Agriculture and the State Live Stock Inspector shall have 
the general supervision of all communicable diseases among 
domestic animals within or that may be in transit through the 
State, and they are empowered to establish quarantine against 
any animal or animals thus diseased, whether within or with- 
out the State, and may make such rules and regulations 

-3— 



against the spread and for the suppression of said disease or 
diseases as in their judgment may seem necessary and proper; 
and in the enforcement of such rules and regulations they 
shall have the power to call on any one or more of the peace 
officers, whose duty it shall be to give all the assistance in 
their power. 

Section 8. Be it further enacted, That any person who 
willfully hinders, obstructs, or otherwise disregards or evades 
such quarantine as they may declare, or violate any rule or 
regulation they may make in attempting to stamp out or 
restrict the spread of any disease or diseases aforementioned, 
or who shall resist any peace officer acting under them, or 
either of them, shall be guilty of a misdemeanor, and upon 
conviction shall be fined not less than fifty dollars ($50), nor 
more than five hundred dollars ($500), or imprisoned in the 
county jail for a period of three months, or both at the dis- 
cretion of the court. 

Section 9. Be it further enacted, That in the event of any 
communicable disease aforesaid breaking out, or being reason- 
ably suspected to exist in any locality in this State, it shall be 
the duty of the local health authorities, or persons owning or 
having any interest whatever in said animals, immediately to 
notify the said Live Stock Inspector of the fact, when he shall 
institute such measures for the restriction or stamping out of 
such disease or diseases as he may think necessary. Any per- 
son or persons specified, who shall neglect or refuse to notify 
said Live Stock Inspector of the existence of any communi- 
cable disease as aforementioned, shall be guilty of a misde- 
meanor, and upon conviction shall be fined not more than ten 
dollars ($10), or confined in the county jail not exceeding 
two months, or both, at .the discretion of the court. 

Section 10. Be it further enacted, That whenever, in the 
opinion of the State Live Stock Inspector, the public safety 
demands the destruction of any animal or animals, under the 
provisions of this Act, he shall, before ordering the killing or 
slaughtering of the same, appoint three (3) competent and 
disinterested freeholders, who shall be affirmed or sworn 
before proceeding to act, and they shall make a jus-t and true 
valuation of said animal or animals to be so killed or 
slaughtered, and in valuing shall consider the health and con- 
dition of the animals when killed, and they shall make and 
deliver a written certificate setting forth all the essential facts 
in the case to the lawful owner, who shall present the same for 
payment to the Chairman of the County Court of the county 
in which such animal or animals are so killed or slaughtered, 
and the same shall constitute a county charge, to be paid as 
other claims against the county are. 

Section ii. Be it further enacted, That any person or per- 
sons who knowingly shall import or bring into this State any 
animal or animals affected with pleuro-pneumonia, rinderpest, 
glanders, or any other communicable disease, or who shall 
sell or trade, or offer for sale or trade, any animal or animals 
so diseased, shall be guilty of a misdemeanor, and upon con- 
viction shall be punished by a fine of not more than one hun- 
dred dollars ($100), or imprisoned in the county jail for a 
period not exceeding three (3) months, or both, in the dis- 
cretion of the court. 






Section 12. Be it further enacted, That the Governor of 
the State, with the Commissioner of Agriculture and the State 
Live Stock Inspector, may cooperate with the Government of 
the United States for carrying out the purposes of this Act, 
and the Governor is hereby authorized to receive and receipt 
for any moneys receivable by this State, under the provisions 
of any act of Congress which may at any time be in force 
upon this subject, and to pay the same into the State Treasury 
to be used according to the act of Congress and the pro- 
visions of this Act, as nearly »as practicable. 

Section 13. Be it further enacted, That there may be ap- 
pointed by the County Board of Health of each county in the 
State a competent person to be known as County Live Stock 
Inspector, and whose appointment shall be ratified or re- 
jected at the first term of the Quarterly Court following ap- 
pointment, whose duty it shall be to look after the detection 
and suppression of communicable diseases among domestic 
animals in his county, and whose compensation shall be fixed 
by the County Court of his county and paid out of the county 
treasury. 

Section 14. Be it further enacted, That the Commissioner 
of Agriculture and the State Live Stock Inspector may, when 
they see proper, employ a competent veterinary surgeon, who 
shall work under their direction and supervision, and whose 
compensation shall not exceed the appropriation made for 
him by law, and who may at any time be discharged by said 
Commissioner and Inspector. 

Section 15. Be it further enacted, That Chapter 424 of 
the Acts of 1899 entitled, "An Act to amend an Act passed 
March 24, 1897, and approved March 26, 1897, entitled, an 
'Act to Reorganize the State Board of Health of the State 
of Tennessee,' " be and is hereby repealed. 

Section 16. Be it further enacted, That this Act take effect 
from and after its passage, the public welfare requiring it. 

Passed April 19, 1901. 

Newton H. White, 

Speaker of the Senate. 
E. B. Wilson, 

Speaker of the House. 

Approved April 20, 1901. 

Benton McMillin, 

Governor. 



CHAPTER 68, ACTS 1907. 
House Bill No. 91. 
A BILL to be Entitled "An Act to Amend an Act Entitled 
'An Act to Prevent the Spread of Communicable Disease 
Among Domestic Animals in the State of Tennessee,' and 
to Provide Greater Protection to the Live Stock Industry 
of the State, and to Provide Penalties for the Violation of 
this Act, and to Repeal Chapter 424 of the Acts of 1899, 
and to Amend Chapter 156 of the Acts of 1901, Passed 
April 19, 1901." 

Section i. Be it enacted by the General Assembly of the 
State of Tennessee, That Section 4 of Chapter 156 of the Acts 
of 1901 be hereby amended so as to read as follows : 

Be it enacted, That any person, firm or corporation who 
shall knowingly import or introduce any cattle or other domes- 
tic animals into the State of Tennessee from any district east, 
south or west of the State of Tennessee, or across any quar- 
antine line as established, or which may be established by the 
Secretary of the United States Department of Agriculture or 
Congress, which are affected with splenetic or so-called Texas 
fever, or who shall import or introduce any cattle or other 
domestic animals which may bear upon its or their body or 
bodies fever ticks (boophilus annulatus) or other causes of 
said diseases, unless such cattle or other domestic animals are 
brought into the State in conformity with such rules and 
regulations as may be prescribed by the Commissioner of 
Agriculture and State Live Stock Inspector, shall be guilty 
of a misdemeanor, and upon conviction thereof, shall be fined 
in any amount not less than one hundred dollars ($100) nor 
more than five thousand dollars ($5,000) or confined in the 
county jail for not less than one nor more than three years, 
in the discretion of the court. 

Section 2. Be it further enacted, That Section 12 of said 
Chapter 156 of the Acts of 1901, be amended so as to read as 
follows : 

And be it further enacted, That there may be appointed by 
the County Board of Health of each county in the State a 
competent person or persons to be known as County Live 
Stock Inspectors, whose duty it shall be to look after the 
detection and suppression of communicable diseases among 
domestic animals, in his or their county, and whose com- 
pensation as fixed by the said County Board of Health shall 
be paid out of the county treasury, until such appointments 
shall be ratified or rejected at the first term of the Quarterly 
Court following appointment, at which Quarterly Court the 
compensation of such County Live Stock Inspectors shall be 
fixed by the County Court, and paid out of the county treas- 
ury; provided, that said County Live Stock Inspectors shall 
not be a member of the County Court or the County Board 
of Health. 

Section 3. And be it further enacted, That Section 13 of 
said Chapter 156 of the Acts of 1901 be amended so as to 
read as follows : 

And be it further enacted, That the Governor of the State, 
with the Commissioner of Agriculture and State Live Stock 
Inspector, may cooperate with the Government of the United 
States for carrying out the purposes of this Act ; and the said 
Commissioner of Agriculture and State Live Stock Inspector 
^-6- 



may appoint in writing any inspector or employe of the 
United. States Department of Agriculture as State Inspectors 
of Live Stock, in enforcing the provisions of this Act, in any 
county of this State, when in their judgment it may be proper 
or necessary, who shall have and may exercise the powers of 
County Live Stock Inspectors, and shall be authorized and 
empowered, as also the said County Live Stock Inspector, to 
enter premises to inspect live stock and to enforce the quar- 
antine of counties, districts, farms and town lots, and to 
control the movement of live stock therefrom; and all such 
inspectors of live stock and the local county inspectors are 
hereby authorized and empowered to quarantine and to en- 
force such disinfection of animals and premises as may be 
found necessary. "But all inspectors and employes of the 
United States Department of Agriculture shall not be paid 
for their services by the State of Tennessee, or any county 
of this State. And the Governor is hereby authorized to re- 
ceive and receipt for any moneys receivable by this State 
under the provisions of any act of Congress, which may at 
any time be in force upon this subject, and to pay the same 
into the State Treasury, to be used according to an act of 
Congress and the provisions of this Act as nearly as pos- 
• sible." 

Section 4. And be it further enacted, That cattle or other 
live stock may be moved from a quarantine county or dis- 
tricts in this State into any other non-quarantined counties 
or districts under and in compliance with the rules and regu- 
lations which may be prescribed and promulgated by the Com- 
missioner of Agriculture and the State Live Stock Inspector, 
but it shall be unlawful to move, or to allow to be moved, 
any cattle or other live stock from any quarantined county or 
district in this State into any non-quarantined county or dis- 
trict in violation of the rules and regulations prescribed and 
promulgated by the said Commissioner of Agriculture and 
State Live Stock Inspector, and any person, company or cor- 
poration violating the provisions of this section shall be 
punished by a fine of not less than fifty dollars ($50) nor 
more than five hundred dollars ($500). 

Section 5. Be it further enacted, That the several judges 
of the Circuit and Criminal Courts of this State shall give 
the Act passed April 19, 1901, and this Act amendatory there- 
to, in special charge to each future grand jury impaneled 
in this State, and that each such grand jury shall be clothed 
with, and authorized to exercise, inquisitorial power for the 
carrying out and enforcement of this Act, and the original 
Act to which this Act is amendatory. 

Section 6. Be it further enacted, That all laws and parts 
of laws inconsistent with or repugnant to this Act which 
have been heretofore in force in this State are hereby re- 
pealed. 

Section 7. And be it further enacted, That this Act take 
effect from and after its passage, the public welfare re- 
quiring it. Passed February 8, 1907. 

John T. Cunningham, Jr., 
Speaker of the House of Representatives. 
E. G. Tollett, Speaker of the Senate. 

Approved February 14, 1907. 

Malcolm R. Patterson. Governor. 
—7— 



CHAPTER 216. 

House Bill No. 291. 

AN ACT to be entitled an Act to Aid in the Prevention and 
Eradication of Communicable Diseases Among Domestic 
Animals. 

Section i. Be it enacted by the General Assembly of the 
State of Tennessee, That hereafter any State Inspector of 
Live Stock of County Live Stock Inspector is authorized to 
give legal or written notice to any person, firm, or corporation 
owning, possessing, or controlling any live stock which may 
be found infected with cattle ticks, known as the "Southern" 
or "Texas fever ticks" (margaropus annulatus), to disinfect 
the same, or have the same disinfected, within fifteen days 
from the service of such notice; and if any person, firm, or 
corporation shall refuse or neglect for fifteen days from the 
service of such notice to disinfect such animals or live stock, 
as such written notice may specify, the said person, firm, or 
corporation shall be guilty of a misdemeanor, and shall be 
liable to a fine of not less than fifty dollars ($50) nor more 
than two hundred dollars ($200). But if any person is 
brought before a Justice of the Peace for such misdemeanor, 
on the complaint of a State Inspector of Live Stock or a 
County Live Stock Inspector, such person may plead guilty, 
whereupon the Justice shall hear the evidence and fine the 
offender according to the aggravation of his offense, not less 
than five dollars nor more than fifty dollars, together with 
all cost, and payment of such fine and cost shall bar any 
further punishment for the same offense. 

Section 2. Be it further enacted, That this Act shall take 
effect from and after its passage, the public welfare requir- 
ing it. 

Passed April 22, 1909. 

M. Hillsman Taylor, 
Speaker of the House of Representatives. 
William Kinney, 

Speaker of the Senate. 
Approved April 24, 1909. 

Malcolm R. Patterson, 

Governor. 
A true copy. Attest : 

Hallum W. Goodloe, 

Secretary of State. 



-8- 



CHAPTER 475. 

House Bill No. 189. 

(By Mr. Webb.) 

AN ACT to Protect the Health of Domestic Animals in the 

State of Tennessee. 

Section i. Be it enacted by the General Assembly of the 
State of Tennessee, That the importation of dairy cows and 
meat cattle for breeding purposes into the State of Tennessee 
is hereby prohibited, except in cases where such cows and meat 
cattle are accompanied by a certificate from a competent in- 
spector, whose competency and reliability is duly certified by 
the authorities of the State whence such cattle come, whose 
duty it is to control the diseases of domestic animals in such 
State, which certificate shall show that such cattle have been 
examined and subjected to the tuberculin tests and are free 
from disease. 

Section 2. Be it further enacted, That in the event such 
cattle are imported without such certificate as above required, 
they may be detained by any public officer of this State at 
suitable stock yards as near the State line as practicable on 
the railroad over which they may be shipped, and there sub- 
jected to tuberculin tests at the expense of the owner under 
the direction of the State Department of Agriculture, or such 
cattle may, under restrictions provided by said Department of 
Agriculture, be shipped in quarantine to their destination in 
Tennessee, and there remain in quarantine until properly ex- 
amined at the expense of the owner and released by order 
of the Department of Agriculture. 

Section 3. Be it further enacted, That the State Depart- 
ment of Agriculture be, and is hereby, authorized and em- 
powered to prohibit the importation of domestic animals into 
the State of Tennessee whenever, in their judgment, such 
measure is necessary to properly protect the health of domestic 
animals in Tennessee, and to make and enforce rules and regu- 
lations for the prevention of diseases among such animals as 
may from time to time be required. 

Section 4. Be it further enacted, That any person, firm or 
corporation guilty of violating the provisions of this Act or 
failing or refusing to comply with the requirements hereof 
shall be fined not less than fifty nor more than one hundred 
dollars for each offense, and may be imprisoned, in the dis- 
cretion of the court, not less than ten nor more than thirty 
days, and shall be liable to any person injured on account 
of such violation to the full amount of the damages and all 
costs. 

Section 5. Be it further enacted, That the State Depart- 
ment of Agriculture is hereby charged with the enforcement of 
this Act, and may invoke the aid of any Sheriff or Constable 
of this State with reference thereto. 

Section 6. Be it further enacted, That this Act take effect 
from and after May 1, 1909, the public welfare requiring it. 

Passed April 27, 1909. 

M. Hillsman Taylor, 
Speaker of the House of Representatives. 
William Kinney, 

Speaker of the Senate. 

Approved April 30, 1909. 

Malcolm R. Patterson, Governor. 

—9— 



DEPARTMENT OF AGRICULTURE. 

State of Tennessee, 

Cattle Quarantine Rules and Regulations promulgated by the 
Commissioner of Agriculture and the State Live Stock 
Inspector, under authority conferred by the Acts of Ten- 
nessee, 1901, 1907 and 1909, to eradicate and prevent the 
further spread of Splenetic, Southern, or Texas Fever. 
EFFECTIVE ON AND AFTER APRIL 5, 1912. 
Section i. The fact has been determined by the Com- 
missioner of Agriculture and the State Live Stock Inspector, 
and notice is hereby given that a contagious and infectious 
disease known as Splenetic, Southern, or Texas Fever exists 
among cattle in the following named counties of Tennessee,, all 
of which are quarantined for Splenetic, Southern, or Texas 
Fever: CHESTER, HARDIN and M'NAIRY. 

Now, therefore, we, T. F. Peck, Commissioner of Agricul- 
ture, and G. R. White, State Live Stock Inspector, do hereby 
quarantine the counties described in Section 1, and it is 
hereby ordered that no cattle shall be transported, driven or 
allowed to drift therefrom, for any purpose, to any portion of 
Tennessee not herein quarantined ; neither shall they be trans- 
ported, driven or allowed to drift from any of the above men- 
tioned counties into any other county mentioned in Section 1. 
It is further ordered that no person owning or having in 
charge any cattle, shall move or permit them to be moved, or 
allow them to run at large, or stray on any public road, com- 
mon or range, in any quarantine county described in Section I. 
Section 2. Notice is hereby given that a contagious and 
infectious disease, known as Splenetic, Southern, or Texas 
Fever exists among cattle in the following named counties 
and parts of counties in Tennessee: HENDERSON, 
DECATUR, WAYNE, that part of POLK COUNTY 
south of a line beginning at the point where the 
Hiwassee River crosses the Tennessee-North Carolina 
State line, thence following said river to a point near 
Reliance, Tennessee, where said river is crossed by the 
Louisville & Nashville Railroad, thence following said rail- 
road southerly to the Tennessee-Georgia interstate line near 
Copper Hill, Tennessee. That part of HAMILTON 
COUNTY south and east of the Tennessee River. That part 
of HARDEMAN COUNTY east of the Illinois Central 
Railroad. That part of MARION COUNTY south and 
east of the Tennessee River. 

Now, therefore, we, T. F. Peck, Commissioner of Agricul- 
ture, and G. R. White, State Live Stock Inspector, do hereby 
quarantine the counties and parts of counties as described in 
Section 2, and it is hereby ordered that no cattle shall be 
transported, driven or allowed to drift therefrom, to any por- 
tion of Tennessee not herein quarantined, unless the owner 
or person in charge shall first obtain written permission for 
such movement or privilege from a duly sworn, authorized 
State Live Stock Inspector, and only then for immediate 
slaughter, provided the cattle on inspection are found to be 
free from ticks, or unless shipment is made in accordance 
with the provisions of regulation 9, and, 

It is further ordered that no persons owning or having 
in charge any cattle, shall permit them to run at large or stray 

—10— 



on any public road, common or range in any quarantine county 
described in Section 2, unless the owner or person in charge 
shall regularly disinfect cattle in accordance with instruc- 
tions given by the State Live Stock Inspector, and shall first 
obtain written permission for such movement or privilege 
from a duly authorized State Live Stock Inspector. 

Section 3. Further notice is hereby given that a con- 
tagious and infectious disease known as Splenetic, Southern, or 
Texas Fever exists under control, among cattle in the follow- 
ing named parts of counties of Tennessee : That part of 
LAWRENCE COUNTY included within the first and second 
civil districts of that county. That part of BENTON 
CO'UNTY west of the Camden-Coxburg and Sugar Tree pub- 
lic road, and south of the Nashville, Chattanooga & St. Louis 
Railway from its intersection with the said public road at 
Camden to the Decatur County line. That part of CAR- 
ROLL COUNTY south of Mackey's Bridge and Levee Road 
and east of the Big Sandy River to the Henderson County line. 

Now, therefore, we, T. F. Peck, Commissioner 0$ Agri- 
culture, and G. R. White, State Live Stock Inspector, do here- 
by quarantine the parts of counties mentioned in Section 3, 
and it is hereby ordered that cattle may be moved therefrom 
for any purpose, providing such cattle are inspected, found 
free of tick infestation and exposure thereto, and a written 
permit for such movement- given by a State Live Stock In- 
spector. 

It is further ordered that no person owning or having in 
charge any cattle shall move or permit them to move or shall 
permit them to run at large or stray on any public road, com- 
mon or range in any area quarantined and described in Sec- 
tion 3, unless the owner or person in charge shall regularly 
disinfect cattle in accordance with instructions given by the 
State Live Stock Inspector, and shall first obtain written per- 
mission for such movement or privilege from a duly author- 
ized State Live Stock Inspector. 

Section 4. State Live Stock Inspectors and County Live 
Stock Inspectors shall issue a written or printed quarantine 
notice to any person or persons in any county in the State 
of Tennessee owning or having in his or her possession or 
charge any cattle, horses or mules infested with cattle ticks 
or exposed to such infestation, whenever such fact shall come 
to their notice. 

No person owning or having in charge any cattle, horses, 
mules or other domestic animals, nor any other person shall 
move them or any of them, or allow them or any of them to 
be moved from the farm, field or inclosure in which they are 
quarantined to any other place except on written permission 
from a duly authorized State Live Stock Inspector. 

Section 5. In the counties of Tennessee in which the work 
of tick eradication is being regularly conducted, and in which 
all cattle are being handled in accordance with the Laws and 
Rules and Regulations of the Commissioner of Agriculture 
and the State Live Stock Inspector governing the control and 
extermination of contagious, infectious and communicable 
diseases of live stock, the following regulation will apply: 

Section 6. Cattle that have been dipped regularly every 
two weeks for three months in arsenical solution under the 

—11 — 



supervision of a County, State or Federal Live Stock In- 
spector, and on inspection are found free from ticks, may be 
furnished with a certificate signed jointly by the State Live 
Stock Inspector and an Inspector of the Bureau of Animal 
Industry, entitling the owner of the cattle so certified to drive 
them over the public road to the railroad dipping vat, in which 
they must again be dipped in arsenical solution, under the 
supervision of a Bureau Inspector, in a dipping vat, approved 
by the U. S. Secretary of Agriculture, which is located in 
connection with the stock pens, so that after dipping they may 
be handled only through non-infected pens and chutes, into 
clean and disinfected cars, after which they may be shipped 
into the free area, in accordance with the regulations of the 
U. S. Secretary of Agriculture for purposes other than imme- 
diate slaughter. 

Section 7. No person, company or corporation within the 
area quarantined, as described in Sections 1 and 2, shall re- 
ceive for transportation in any manner any cattle unless per- 
mission is first obtained from the State Live Stock Inspector. 
It is hereby ordered that transportation companies securely 
lock the gates of all stock yards, stock pens and loading chutes, 
and that all boats refuse for transportation all cattle and not 
permit cattle to be placed in such yards, pens or chutes, or 
on such boats in any manner, unless permission is first ob- 
tained from the State Live Stock Inspector. 

Section 8. It is hereby ordered that cattle originating in 
any area quarantined on account of the existence of Southern, 
or Texas Fever, outside of the State of Tennessee, shall not 
at any time be transported, driven or allowed to drift there- 
from into any portion of this State except for immediate 
slaughter as hereinafter provided. 

Section 9. Cattle can only be shipped for immediate 
slaughter from the quarantined area of this State or of any 
other State quarantined on account of the existence of South- 
ern or Texas fever to Chattanooga, Memphis, and Nashville, 
Tennessee, and when shipped to these points the following 
rules regarding their movement shall 1 be observed : 

(a) Cattle shall be free from ticks (margaropus annu- 
latus), shall be shipped only by rail or boat, and the cars 
in which said cattle are shipped shall bear placards on each 
side stating that said cars contain Southern cattle, and the 
way-bills and other papers regarding the shipment shall be 
so marked. 

(&) On arrival at destination, or when unloaded to be 
fed or watered, or for other purposes, such cattle shall be 
placed in pens plainly marked, "Quarantined Pens," and used 
only for Southern cattle. There shall be a space not less than 
10 feet wide between such quarantine pens and pens used for 
cattle from the non-quarantined area, which space shall not 
be occupied by cattle and shall have on each side a tight board 
fence not less than 6 feet high. 

(c) No car or boat containing a shipment of cattle of 
the quarantined area shall receive on board cattle which are 
not of the quarantined area ; neither shall shipments of cattle 
of the quarantined area be made to points in the non-quar- 
antined portion of this State where proper facilities have not 

—12— 



been provided for transferring the said cattle from the cars 
or landing in the stock yards or slaughter houses, without pass- 
ing them over public highways. 

(d) The cars and boats used to transport such cattle, and 
also the chutes, alleyways and pens not reserved for the exclu- 
sive use of such cattle, shall be cleaned and disinfected in the 
following manner : As soon as possible after unloading, and 
before they are again used to store or shelter animals or 
merchandise, remove all litter and manure. This litter and 
manure may be burned or may be disinfected by mixing it 
with lime or saturating it with a 5 per cent solution of ioo 
per cent carbolic acid; wash the interior surface of the cars 
and the watering and feeding troughs with water until clean; 
saturate the entire interior surface of the cars, including the 
inner surface of the car doors, and the feeding troughs, chutes 
and floors of the pens with a mixture made with 1^2 pounds 
of lime and J4 pound of 100 per cent carbolic acid to each 
gallon of water, or with a solution made by dissolving four 
ounces of chloride of lime to each gallon of water. 

Section 10. In order to prevent the spread and dissemina- 
tion of Splenetic or Southern cattle fever by any estray cattle, 
horses or mules, in any quarantined county or district in 
this State, it is ordered under authority conferred upon the 
Commissioner of Agriculture and the State Live Stock In- 
spector, that any such animal may at any time be taken up by 
a duly authorized Inspector of Live Stock as an estray, and 
it shall be the duty of said Inspector of Live Stock, who may 
become the taker up of such animal, to have the same properly 
disinfected and cared for, and within five days he shall have 
each such animal valued and appraised by two freeholders, or 
householders, and the appraisers shall forthwith make out a 
certificate, setting forth the name and address of the taker 
up, and that the animal was taken up and under and by virtue 
of this order, and particular description of the estray, its 
color, age, natural and artificial marks and brands, etc., and 
also its value ; and having signed the same and sworn to it 
before a magistrate, they shall deliver it to said inspector 
and taker up, and said inspector and taker up shall forthwith 
publish in some newspaper, published in the same county, 
if there be one, for three weeks successively, and if not, in 
some newspaper published nearest the place where said estray 
is taken up; and the subject and facts of such certificate, giv- 
ing notice to the owner to come forward, prove property and 
pay all legal charges; and after due publication the inspector 
and taker up shall, within three weeks, proceed to sell the 
said animal at public outcry to the highest bidder, after adver- 
tising the time and place of sale for at least two weeks by an 
advertisement, put up in the courthouse of said county, and 
out of the proceeds of said sale he shall pay all the just 
charges of apprehending said animal, and for the care and 
disinfection, and all charges for the fees of the appraisers and 
the cost of publication; and all the money arising from such 
sale, after paying the just cost and expenses, as above set 
forth, shall be paid into the county treasury and held for 
reclamation by true owner of the animal, upon satisfactory 
proof of property by one or more disinterested witnesses. 

—13— 



Section ii. No person owning or having in charge any 
cattle infested with cattle ticks (margaropus annulatus) shall 
fail to disinfect all of the cattle of the herd within fifteen days 
after being notified to do so by any State or County Inspector 
of Live Stock. The word disinfection as here used means that 
every external part of the animal shall be thoroughly covered, 
rubbed, sprayed, washed or dipped with arsenical solution, 
or such approved tick destroyer as specified in disinfection 
notice of the Inspector. 

Section 12. Horses and mules infested with ticks {mar- 
garopus annulatus) within the State shall be treated or moved 
in accordance with the regulations governing the movement 
of tick-infested cattle. 

Section 13. It is hereby ordered that horses and mules 
originating in a quarantined area, quarantined on account of 
the existence of Southern, Splenetic or Texas Fever, outside 
of the State of Tennessee, shall not at any time be transported, 
driven or allowed to drift therefrom into any portion of this 
State, unless they are dipped in a standard arsenical solution 
either at point of origin, en route, or on arrival at destination. 

Section 14. In order to duly carry out the provisions of 
these rules and regulations, such employees of the United 
States Bureau of Animal Industry as may be designated by 
the Chief of said Bureau, may be appointed by the Com- 
missioner of Agriculture and the State Live Stock Inspector, 
with power to quarantine and enforce such disinfection of 
animals and of premises as may be found necessary as pro- 
vided for in Section 3, House Bill 91, Acts of Tennessee, 1907. 

Section 15. The annual regulations and amendments 
thereof of the United States Department of Agriculture con- 
cerning interstate transportation of live stock are hereby 
adopted as a portion of these regulations. 

Section 16. Cattle of the quarantine area, or other cattle 
exposed to or infested with ticks, in counties in which the 
work of tick eradication is being conducted, which have been 
properly dipped twice — seven to ten days apart— in arsenical 
solution, under the supervision of an Inspector of the United 
States Bureau of Animal Industry for interstate shipment, 
and by State Inspectors on movement within the State, at all 
seasons of the year, which have been examined and certified 
to be free of infection by said Inspector, may be shipped to 
points outside of the quarantined area in the State of Ten- 
nessee at any time. Provided, that such cattle shall not be 
exposed to infection after the second dipping. 

arsenical solution. 

In preparing each 500 gallons of the standard arsenical 
solution there shall be used ten pounds of finely powdered 
white arsenic containing not less than 99 per cent of arsenic 
trioxid, twenty-five pounds of sal soda, and one gallon of 
pine tar. The arsenic and sal soda shall be boiled together 
in not less than twenty-five gallons of water for fifteen 
minutes, or longer if necessary to effect complete solution 
of the arsenic. Before the pine tar is added the temperature 
of the solution shall be reduced to 140 degrees F. This may 
be done by the addition of cold water. The pine tar shall 
then be added in a small stream while the solution is thorough- 

—14— 



ly stirred, after which the solution shall be immediately diluted 
with clear water sufficient to make 500 gallons to dip. The 
tanks must be built under the supervision of an inspector of 
the United States Bureau of Animal Industry. The dip to 
be used must also have the approval of the United States 
Bureau of Animal Industry. 

Section 17. The rules and regulations governing cattle 
quarantine and movement of same, dated May 1, 191 1, are 
hereby revoked to take effect April 5, 1912, and after 1 which 
date these regulations shall become effective until otherwise 
ordered. 

Given under our hands and seal, at State Capitol, Nash- 
ville, Tennessee, this April 3, 1912. 
(Seal) 

T. F. Peck, 
Commissioner of Agriculture. 
G. R. White, 
State Live Stock Inspector. 



-15— 



DEPARTMENT OF AGRICULTURE, STATE OF 

TENNESSEE. 
Rules and Regulations Promulgated by the Commissioner of 
Agriculture and the State Live Stock Inspector Under Au- 
thority Conferred by the Acts of Tennessee, 1901, 1907 and 
1909. 

EFFECTIVE ON AND AFTER APRIL 5, 1912. 
The fact has 'been determined and notice is hereby given 
that the following dangerous and deadly diseases exist in 
Tennessee: SHEEP SCABIES, BOVINE TUBERCU- 
LOSIS, GLANDERS, BLACK LEG, HOG CHOLERA, 
COWPOX, JOHNE'S DISEASE, LUNG WORM, NODU- 
LAR DISEASE, STOMACH WORM and RABIES (hydro- 
phobia). 

Now, therefore, we, T. F. Peck, 'Commissioner of Agricul- 
ture, and G. R. White, State Live Stock Inspector, do pro- 
nounce and declare each and all of said diseases contagious, 
infectious and communicable, and we further declare them 
dangerous to the live stock industry of Tennessee. Acting 
under authority conferred upon us by law, we hereby promul- 
gate the following Rules and Regulations for their prevention, 
control, suppression and eradication. All Rules and Regula- 
tions heretofore promulgated which are in conflict with these 
are hereby revoked : 

OFFERING OR RECEIVING DISEASED ANIMALS 
FOR TRANSPORTATION OR TRANSPORT- 
ING SAME. 
Section 18. No person, firm or corporation shall deliver 
for transportation, receive for transportation, transport, drive 
on foot, or otherwise remove from the premises where they 
are located, to any other place within the State, any cattle, 
swine, sheep, goats, horses or mules which are affected with 
black leg, anthrax, hog cholera, equine scabies, sheep scabies, 
lung worm, tuberculosis, cow pox, stomach worm, Johne's 
disease or any other infectious, contagious or communicable 
disease. 

SALE AND DISTRIBUTION OF VETERINARY BIO- 
LOGICAL PRODUCTS IN TENNESSEE. 
Section 19. Before veterinary biological products of any 
character shall be sold, offered for sale or distributed in any 
manner in this State, the manufacturer or person, firm or 
corporation selling or distributing the same shall make appli- 
cation in writing to the State Live Stock Inspector for a 
permit to sell or distribute said veterinary biological prod- 
ucts. Provided, however, that nothing in this section or the 
sections following shall prohibit or interfere with the United 
States Department of Agriculture, through its Bureau of 
Animal Industry, in distributing the veterinary biological 
products of its laboratories. 

Section 20. The term Veterinary Biological Products as 
used in Section 19 shall be construed to mean TUBERCU- 
LIN, MALLEIN, ANTHRAX VACCINE, BLACK LEG 
VACCINE, HOG CHOLERA SERUM, TETANUS ANTI- 
TOXIN, INFLUENZA ANTITOXIN, ANTISTREPTO- 
COCCIC SERUM, RABIES VACCINE VIRUS, and 
BACTERINS. 1 



BOVINE TUBERCULOSIS. 

Section 21. That the following shall constitute the mini- 
mum requirements for a tuberculin test which will be recog- 
nized by this department in the control and eradication of 
tuberculosis in Tennessee : 

(a) At least two (2) temperature readings, three (3 
hours apart, shall be made before injection of tuberculin. 

(&) The subcutaneous injection of the required amount 
of any fresh tuberculin made by either the Federal Govern- 
ment or any reliable manufacturer of biological products. 

(c) At least three (3) temperature readings on the 12th, 
15th and 18th hour after the injection of the tuberculin must 
be made. 

Section 22. Veterinarians making the tuberculin test in 
Tennessee shall fill out in triplicate a temperature chart on 
official blanks which will be furnished upon application to 
this department, one copy to be sent to the City Health Officer, 
one copy to the County Health Officer and one copy to the 
State Live Stock Inspector. Said veterinarian shall in all 
instances mail or deliver said reports within three days after 
the test is completed. 

Section 23. No Ophthalmo, Cutaneous nor any other 
"freak test" will be recognized by this department. 

Section 24. Veterinarians making the tuberculin test in 
Tennessee shall brand all reacting animals with the letter "T" 
on right jaw. The brand letter shall be at least three and one- 
half (3%) inches high, and the impression (with branding 
iron red hot) shall be made clear and distinct. Said veteri- 
narian shall within twenty-four hours report all branded re- 
acting animals to the County Health Officer of the county in 
which said animals are found. The County Health Officer 
shall notify the County Live Stock Inspector, who shall im- 
mediately visit the farm or premises and isolate and place 
in temporary quarantine all branded, reacting animals, and 
said animals shall be kept under official supervision until they 
are disposed of according to law, by appraisement and 
slaughter. 

Section 25. No person, firm or corporation shall deliver 
for transportation, receive for transportation, transport, drive 
on foot or otherwise remove from the premises where they 
are located, to any other place within this State, any cattle 
or swine which are affected with tuberculosis as disclosed by 
physical examination, or by the tuberculin test, or by any 
other means. 

JOHNE'S DISEASE. 

Section 26. All cattle affected with and premises upon 
which Johne's Disease is known to exist, or upon which it 
may hereafter develop, are hereby placed in quarantine for a 
period of twelve months from date of disposal of the last 
case. No cattle shall be removed therefrom without first 
obtaining permission in writing from the State Live Stock 
Inspctor. 

Section 27. The infested premises shall be cleansed and 
disinfected in such manner as the State Live Stock Inspector, 
Assistant State Live Stock Inspector or County Live Stock 
Inspector may direct, and all carcasses shall likewise be dis- 
posed of under their direction. 

—17— 



BLACK LEG. 

Section 28. Black Leg infested farms shall be considered 
in quarantine until such time as the owner shall cause all 
cattle less than 2j4 years old to be vaccinated with Black 
Leg Vaccine made by either the Federal Government or any 
reliable manufacturer of biological products. All cattle less 
than 2.y 2 years old on a Black Leg infested farm must be vac- 
cinated at least once every twelve months for three consecu- 
tive years before the farm will be considered free from Black 
Leg infection. 

Section 29. Carcasses of animals which have died from 
Black Leg must in all instances be disposed of by burning to 
ashes. 

HOG CHOLERA. 

Section 30. That all public stock yards in the State are 
hereby placed in quarantine — as regards the handling of 
swine — and all persons, firms and corporations are prohibited 
from removing swine therefrom for any purpose other than 
immediate slaughter. 

Section 31. Hogs infected with or exposed to Hog Chol- 
era shall not run at large or be driven on ranges, commons 
or public roads ; such hogs must be confined in strict quaran- 
tine. Carcasses of hogs that have died of cholera must be 
sent to a rendering tank, or must be deeply buried or com- 
pletely burned. 

COW POX. 

Section 32. In dairy herds where Cow Pox develops the 
well animals must be isolated from the diseased ones, and spe- 
cial milkers must be provided for the affected cows. 

Section 33. The farm or premises upon which Cow Pox 
develops is hereby quarantined for thirty days after the re- 
covery of the last case, and no cattle shall be moved there- 
from for any purpose until written permission is obtained for 
said removal from the State Live Stock Inspector. 
LUNG WORM AND STOMACH WORM OF SHEEP. 

Section 34. All sheep affected with either Lung Worm 
or Stomach Worm, or both, and all Lung Worm or Stomach 
Worm infested farms or premises, or farms or premises upon 
which either of these diseases may hereafter develop, are 
hereby quarantined until the disease or diseases are eradi- 
cated. No sheep shall be removed therefrom without first ob- 
taining permission in writing from the State Live Stock In- 
spector, and then can be removed for no purpose other than 
immediate slaughter. 

Section 35. All carcasses of sheep which die from Lung 
Worm and Stomach Worm disease shall be burned to ashes 
and the premises cleansed and disinfected in such manner as 
the State Live Stock Inspector or his assistants or County 
Live Stock Inspectors may direct. 

GLANDERS. 

Section 36. No person, firm or corporation shall allow 
any animal affected with Glanders or suspected of being 
affected with Glanders, or which has been recently exposed 
to Glanders, to run at large or stray upon or be moved over 
any public road, common or range, or be given water at 
any public fountain or trough in Tennessee. 

—18— 



Section 37. Animals affected with Glanders or exposed 
to Glanders shall be placed in temporary quarantine and the 
fact reported to the State Live Stock Inspector. The tempo- 
rary quarantine shall remain in force and effect until a diag- 
nosis is made and affirmed and the animal, if affected, dis- 
posed of by appraisement and slaughter. 

Section 38. Before animals presenting clinical symptoms 
and lesions of glanders are appraised and killed at county 
expense, the animal must first be examined and the case pro- 
nounced glanders by a graduated and licensed veterinary 
surgeon. When practicable it is desired that the veterinary 
surgeon's diagnosis be confirmed by either the complement- 
fixation or the agglutination blood test as made by the United 
States Bureau of Animal Industry. No animal not presenting 
clinical symptoms or lesions of glanders and no "suspected 
case of glanders" shall be appraised and killed at county ex- 
pense unless and until the blood shows positive to either the 
complement-fixation or the agglutination test as made by the 
United States Bureau of Animal Industry. When an 
animal reacts to the Mallein test, and a diagnosis of 
Glanders is made based thereon, the animal must 
be handled as a suspect until the blood shows positive 
to either the complement-fixation test or the agglutination test 
as made by the United States Bureau of Animal Industry. 
Animals which are known to have been exposed to Glanders 
may be isolated and placed in quarantine for a sufficient time 
to permit the infection to develop. 

Section 39. No person, firm or corporation shall deliver 
for transportation, receive for transportation or transport any 
animal or animals affected with Glanders to any other portion 
of Tennessee. 

Section 40. All cars, stock yards, chutes, pens, alleys, 
barns, cellars and sheds having contained Glandered animals 
shall be cleansed and disinfected as soon thereafter as possi- 
ble by removing all litter and manure and then saturating 
the surface with a solution containing 5 per cent of 100 per 
cent carbolic acid. All curry combs, brushes, saddles, blankets, 
bridles, halters, harness and other articles which have come 
into direct contact with any part of the animal's body shall be 
destroyed by burning, or be soaked for a period of not less 
than twelve hours in a 5 per cent of 100 per cent carbolic acid 
solution, after which they must be exposed to the direct rays 
of the sun for a period of not less than three days. 

NODULAR DISEASE OF SHEEP. 

Section 41. All sheep affected with Nodular Disease, and 
all Nodular Disease infested farms or premises, or farms or 
premises upon which this disease may hereafter develop, are 
hereby quarantined until the disease is eradicated. No sheep 
shall be removed therefrom without first obtaining permis- 
sion in writing from the State Live Stock Inspector, and then 
can be removed for no purpose other than for immediate 
slaughter. • 

Section 42. All carcasses of sheep which die from Nodu- 
lar Disease shall be burned to ashes and the premises cleansed 

—19— 



and disinfected in such manner as the State Live Stock In- 
spector or his assistants or County Live Stock Inspectors may 
direct. 

SHEEP SCABIES (SCAB). 

Section 43. That no sheep intended for purposes other 
than immediate slaughter shall be shipped, trailed or other- 
wise removed or allowed to drift into the State of Tennessee, 
except as hereinafter provided, unless accompanied by a cer- 
tificate of inspection issued by an inspector of the United 
States Bureau of Animal Industry certifying that the sheep 
have been dipped once within ten days of time of entry into 
the State in either a nicotine or lime and sulphur dip which 
has been approved by the United States Bureau of Animal 
Industry. Provided, however, that sheep not accompanied by 
certificate as above indicated may be shipped by rail or boat 
to points within Tennessee if billed to or through public stock 
yards where Federal Government inspection is maintained and 
there unloaded and dipped under the supervision of an in- 
spector of the United States Bureau of Animal Industry. 

Section 44. When sheep intended for purposes other than 
immediate slaughter are brought into the State under a dip- 
ping certificate, or sheep not accompanied by certificate which 
are intended to be dipped, at public stock yards after arrival 
within the State, as hereinbefore provided, the owner or 
shipper shall, before the sheep enter the State, notify the 
State Live Stock Inspector of Tennessee at Nashville, Tenn., 
in writing or by telegraph, indicating the number of sheep in 
the shipment, point of origin and destination, railroad or boat 
over which shipped, and whether the sheep are accompanied 
by such certificate. 

Section 45. All sheep shipped into the State under a dip- 
ping certificate, and all sheep transported within the State by 
railroad or boat, when not destined to market points where 
Federal inspection is maintained, shall be loaded in cleaned 
and disinfected cars or boats. 

Section 46. All official dippings within the State of Ten- 
nessee and all sheep ' dipped in other States which are in- 
tended to be moved into Tennessee for purposes other than 
immdiate slaughter shall be made in either "tobacco" or nico- 
tine dip, or the lime and sulphur dip, as prescribed and per- 
mitted by the United States Bureau of Animal Industry. No 
recognition whatever will be given to dipping in dips other 
than those mentioned above, and no "home-made" dips will 
be recognized by this department. 

Section 47. Whenever a shipment of sheep originating in 
or in transit through the State shall be found diseased with 
Scabies or other communicable disease, the cars, boats or 
other vehicles, yards, sheds, pens, chutes, etc., that have con- 
tained such diseased sheep shall not be used to transport or 
yard other sheep until they have been cleaned and disinfected 
in the manner prescribed in the regulations of the United 
States Department of Agriculture pertaining to Scabies in 
sheep. 

Section 48. Sheep that are diseased with Scabies or have 
been exposed to the disease may be quarantined by either the 
Commissioner of Agriculture, the State Live Stock Inspector 

-20- 



or any Assistant State or County Live Stock Inspector on any 
farm, within any shed, yard, stall, crate, box or other perma- 
nent or temporary receptacle, and shall not move or be al- 
lowed to move except as hereinafter provided. 

Section 49. No sheep affected with Scabies within the 
State of Tennessee shall be offered for transportation to any 
railroad company, steamboat, ferry or other common carrier 
for transportation to points within or outside the State of 
Tennessee until they have been cured of- said disease. All 
sheep are subject to inspection by a County or State Live 
Stock Inspector before being offered for shipment, and must 
be found free from infection or exposure thereto. Upon in- 
spection, if they are found free from infection or exposure 
thereto a regular certificate of inspection will be issued. One 
copy of the certificate shall accompany shipments to then- 
destination and be attached to waybills, and another copy 
shall be mailed promptly to the State Live Stock Inspector. 

Section 50. Sheep affected with Scabies that have been 
dipped twice, ten days apart, in one of the dips permitted in 
Section 46 of these Regulations, and under the supervision of 
a Federal, State or County Live Stock Inspector, may be 
shipped or driven to any point within Tennessee for any pur- 
pose within ten days on permit issued by an inspector of the 
State or county. 

Section 51. All sheep in a certain flock or shipment in 
which the disease is present shall be classed as diseased sheep, 
and none of them shall be moved or allowed to move except 
as provided in the foregoing Regulations. 

Section 52. All cars, stock yards, chutes, pens, alleys, 
barns, cellars, sheds, racks, crates, boxes or other receptacles 
having contained sheep affected with Scabies shall be cleaned 
and disinfected as soon thereafter as possible in the following 
manner : 

Remove all litter and manure and then saturate the in- 
terior surfaces with a solution containing 5 per cent of pure 
carbolic acid. 

Section 53. The sheep must be kept in the dip between 
two and three minutes, and their heads submerged at least 
once, though but for an instant at a time, and assistance must 
be rendered immediately they appear to be strangling. The 
dip must be maintained at a temperature between 100 F. and 
no F. while the sheep are in it. It must be changed as soon 
as it becomes filthy, regardless of number of sheep dipped 
in it, and in no case shall it be used more than one week old. 
In emptying the dipping vat the entire contents must be re- 
moved, including all sediment and droppings and other for- 
eign matter. 

Section 54. Sheep moving under health certificates for 
breeding or feeding purposes shall be handled in free or un- 
infected pens in stock yards, and infected sheep, or those 
moving unaccompanied by health certificate, shall be handled 
in quarantined or infected pens. All public stock yards 
which do not maintain quarantine pens separate and distinct 
from the free or uninfected pens are hereby declared and 
placed in permanent quarantine, in so far as handling sheep 
for breeding or feeding purposes is concerned. 
QUARANTINE AGAINST THE STATE OF ILLINOIS. 

Section 55. All live stock of any class originating in the 

—21— 



State of Illinois, destined to any point in the State of Ten- 
nessee, must be accompanied by a health certificate issued by 
a veterinary inspector of the United States Bureau of Animal 
Industry, or the State Veterinarian or his assistants or depu- 
ties. The health certificate shall certify that the animals are 
free from the following diseases or exposure thereto : GLAN- 
DERS, TUBERCULOSIS, SHEEP SCABIES, CATTLE 
SCABIES, HAEMORRHAGIC SEPTICAEMIA, COW 
POX, LUNG WORM, STOMACH WORM, JOHNE'S DIS- 
EASE, BLACK LEG and NODULAR DISEASE. [For 
Sheep see Section 43, page 20.] 

INSTRUCTIONS FOR APPRAISING AND SLAUGH- 
TERING ANIMALS IN TENNESSEE. 

Section 56. Whenever an animal or animals suffering 
from a contagious or communicable disease are reported by 
the proper county authorities to the State Live Stock Inspector, 
an investigation will be made. If, in the opinion of the State 
Live Stock Inspector, the public safety demands the destruc- 
tion of said animal or animals, three disinterested and compe- 
tent freeholders and residents of the county will be appointed 
in writing by the State Live Stock Inspector to act as a 
Board of Appraisers to value said animal or animals before 
they are slaughtered. 

Section 57. The Board of Appraisers must be sworn by 
a Justice of the Peace or Notary Public before proceed- 
ing. 

Section 58. The State Live Stock Inspector, Assistant 
State Live Stock Inspector, County Live Stock Inspector or 
County Health Officer shall read aloud to the Board of Ap- 
praisers Section 10, Chapter 156, Acts of 1901, which is as 
follows : 

"Be it further enacted, That whenever, in the opinion of 
the State Live Stock Inspector, the public safety demands the 
destruction of any animal or animals under the provisions of 
this Act, he shall, before ordering the killing or slaughtering 
of the same, appoint three competent and disinterested free- 
holders, who shall be affirmed or sworn before proceeding to 
act, and they shall make a just and true valuation of said 
animal or animals to be so killed or slaughtered, and in valu- 
ing shall consider the health and condition of the animals 
when killed, and they shall make and deliver a written certifi- 
cate setting forth all the essential facts in the case to the law- 
ful owner, who shall present the same for payment to the 
Chairman of the County Court of the county in which such 
animal or animals are so killed or slaughtered, and the same 
shall constitute a county charge, to be paid as other claims 
against the county are." 

Section 59. In making their report the Board of Apprais- 
ers shall use the official blank of this department; the same 
shall be filled out in duplicate, the original to be delivered to 
the owner for presentation to the Chairman of the County 
Court, and the duplicate to be mailed promptly to the State 
Live Stock Inspector. 

Section 60. The owner or person in charge of any animal 
killed or slaughtered in accordance with Section 10, Chapter 
156, Acts of 1901, shall dispose of the carcass by burning or 
burying, or make such other disposition as, in the opinion of 

—22— 



the State Live Stock Inspector, or his assistants or deputies, 
or the County Live Stock Inspector, or County Health Officer, 
the public welfare requires. 

Given under our hands and seal, at State Capitol, Nash- 
ville, Tenn., this April 3, 1912. 

T. F. Peck, 
Commissioner of Agriculture. 
G. R. White, 
State Live Stock Inspector. 



—23— 



SUMMARY OF REGULATIONS GOVERNING THE 

SHIPMENT OF ANIMALS FROM OTHER 

STATES INTO TENNESSEE. 

HORSES, MULES and ASSES must be free from Equine 
Scabies, Glanders, Texas Fever Ticks or other contagious, 
infectious or communicable diseases. Horses, mules and asses 
originating in a quarantined area, quarantined on account of 
the existence of Southern Splenetic or Texas Fever outside 
of the State of Tennessee, shall' not at any time be transported, 
driven or allowed to drift therefrom into any portion of this 
State, unless they are dipped in a standard arsenical solution 
either at point of origin, en route, or on arrival at destina- 
tion, 

CATTLE — Health certificates, including tuberculin test of 
all cattle over 6 months old, except for immediate slaughter. 

HOGS — From public stock yards accepted for immediate 
slaughter only. 

SHEEP — -No sheep intended for purposes other than 
immediate slaughter shall be shipped, trailed or otherwise re- 
moved or allowed to drift into the State of Tennessee, unless 
accompanied by a certificate of inspection issued by an in- 
spector of the United States Bureau of Animal Industry cer- 
tifying that the sheep have been dipped once, within ten days 
of time of entry into the State, in either a nicotine or lime and 
sulphur dip, which has been approved by the United States 
Bureau of Animal Industry. 

WHO MAY INSPECT— State and Federal Inspectors or 
other qualified veterinarians. The above applies to all States 
except Illinois. (See requirements for Illinois.) 

GENERAL DIRECTIONS FOR DISINFECTION OF 
PREMISES. 

In the eradication of Glanders, Tuberculosis or other com- 
municable disease the thorough disinfection of premises is 
essential. This may be satisfactorily accomplished by carry- 
ing out the following directions : 

1. Sweep ceilings, side walls, stall partitions, floors and 
other surfaces until free from cobwebs and dust. 

2. Remove all accumulations of filth by scraping, and if 
woodwork has become decayed, porous or absorbent, it should 
be removed, burned and replaced with new material. 

3. If flooiv is of earth, remove four inches from the sur- 
face, and in places where it shows staining with urine a suffi- 
cient depth should be removed to expose fresh earth. All 
earth removed should be replaced with earth from an un- 
contaminated source, or a new floor of concrete may be laid, 
which is very durable and easily cleaned. 

4. All refuse and material from stable and barnyard 
should be removed to a place not accessible to cattle or hogs 
in case of disinfecting for tuberculosis, nor accessible to 
horses or mules in case of disinfecting for glanders. The 
manure should be spread on fields and turned under, while 
the wood should be burned. 

5. The entire interior of the stable, especially the feed- 
ing troughs and drains, should be saturated with a disin- 
fectant, as liquor cresolis compositus (U. S. P.), or carbolic 

—24- 



acid, 6 ounces to every gallon of water in each case. After 
this has dried the stalls, walls and ceilings may be covered 
with whitewash (lime wash), to each gallon of which should 
be added 4 ounces of chloride of lime and 4 ounces of crude 
carbolic acid. 

The best method of applying the disinfectant and the lime 
wash is by means of a strong spray pump, such as those used 
by orchardists. This method is efficient in disinfection against 
most of the contagious and infectious diseases of animals, and 
should be applied immediately following any outbreak, and, 
as a matter of precaution, it may be used once or twice 
yearly. 

6. It is important that arrangements be made to admit 
a plentiful supply of sunlight and fresh air by providing an 
ample number of windows, thereby eliminating dampness, 
bad odors and other insanitary conditions. Good drainage is 
also very necessary. 

The use of the liquor cresolis compositus, carbolic acid or 
other coal-tar products is inadmissible because of the readi- 
ness with which their odor is imparted to milk and other 
dairy products. Bichloride of mercury may be used in the 
proportion of 1 to 800, or 1 pound of bichloride to ico gal- 
lons of water. However, all portions of the stable soiled with 
manure should first be thoroughly scraped and cleaned, as 
the albumen contained in manure would otherwise greatly 
diminish the disinfecting power of the bichloride. Disinfec- 
tion with this material should be supervised by a veterinarian 
or other person trained in the handling of poisonous drugs 
and chemicals, as the bichloride of mercury is a powerful cor- 
rosive poison. The mangers and feed boxes, after drying 
following spraying with this material, should be washed out 
with hot water, as cattle are especially susceptible to mercurial 
poisoning. .The bichloride solution should be applied by means 
of a spray pump, as recommended for the liquor cresolis com- 
positus. Permanganate of potash, in the strength of 1 part 
to 2,000 parts of water, makes an excellent stable disin- 
fectant. 

OIL EMULSION FOR KILLING TICKS ON CATTLE. 
This is made by using crude petroleum, Beaumont oil or 
Gulf Refining oil. Do" not use the thick, black oil, as it will 
not emulsify. 

1, Take one pound of hard soap and dissolve it in one 
gallon of hot, freestone, or soft, or rain water; then add one 
gallon of crude petroleum; place in a ten-gallon can or keg 
and stir vigorously. When thoroughly emulsified add two 
gallons of hot or warm water and stir. When tepid or milk 
warm it is ready to apply with a swab, rags or by a spray. 
This makes a 25 per cent emulsion. 

2. An 80 per cent stock emulsion is made by dissolving 
one pound of hard soap in one gallon of. hot water, and then 
add four gallons of the oil; stir vigorously. To make a 25 
per cent solution, take one pint, one quart or one gallon of 
the 8o per cent stock emulsion and add two and one-fifth 
times as much warm water to it. This makes a 25 per cent 
emulsion, but does not contain quite as much soap as when 
made by the first method. 

Always let the animal go into the shade immediately after 

—25— 



applying any oil or emulsion, as this will prevent blistering. 
Also see that the cattle get plenty of good drinking water. 
Never apply oil or emulsion to cattle having tick fever or a 
high temperature. If the oil is good and the emulsion prop- 
erly made, it will kill all the ticks except the large ones, and 
they should be picked off and destroyed at the time the emul- 
sion is applied. The emulsion should be thoroughly applied 
all over every part of the external surface of the body as 
often as live ticks are found on the animal — at least every 
one, two or three weeks. It is the cheapest, safest and best 
tickicide known, with the possible exception of the standard 
arsenical solution, and can be applied by hand, by spray or 
in a dipping tank. The quantity of the emulsion required to 
cover the animal will vary from one quart to one gallon, de- 
pending upon the size of the animal, length of the hair and 
the way it is applied. The inspectors will tell you where to 
get spray pumps and how to use them, and will tell you how 
to make dipping vats and how to make and apply emulsions. 
Your merchant can order for or sell you the crude petroleum. 
In order to kill ticks, you must watch the cattle and applv 
the emulsion thoroughly and regularly. 



-26- 



Supreme Court Decision. 
GEORGE BISHOP 

vs. 

THE STATE 



LINCOLN COUNTY, CRIMINAL DOCKET. 



OPINION. 

The plaintiff in error, George Bishop, has appealed from 
a judgment of the Circuit Court of Lincoln County imposing 
upon him a fine of fifty dollars and the payment of the costs 
of the case for a violation of the quarantine Rules and Regu- 
lations adopted and promulgated by the Commissioner of 
Agriculture and State Live Stock Inspector to prevent and 
restrict the spread of communicable and infectious diseases 
among domestic animals in this State. 

The first question arises upon a demurrer to the indict- 
ment, which was overruled by the trial Judge, and his action 
in that respect is assigned as error. 

The indictment is predicated upon Chapter 156 of the 
Session Acts of 1901, and particularly upon Sections 7 and 8 
of said Act, together with certain of the Rules and Regula- 
tions adopted in pursuance thereof by the Commissioner of 
Agriculture and the State Live Stock Inspector. Said Act 
is entitled "An Act to prevent the spread of communicable 
diseases among domestic animals in the State of Tennessee, 
and to provide greater protection to the live stock industry 
of the State, and to provide penalties for the violation of this 
Act, and to repeal Chapter 424 of the Acts of 1899, and to 
amend Chapter 46 of the Acts of 1907." 

Section 7 provides: "That the Commissioner of Agri- 
culture and the State Live Stock Inspector shall have general 
supervision of all communicable diseases among domestic 
animals within or that may be in transit through the State, 
and they are empowered to establish quarantine against any 
animal or animals thus diseased, whether within or without 
thet State, and may make such rules and regulations against 
the spread and for the suppression of said diseases as in their 
judgment may seem necessary and proper and in the enforce- 
ment of such rules and regulations they shall have the power 
to call on any one or more of the peace officers, whose duty 
it shall be to give all the assistance in their power." 

Section 8 provides : "That any person who willfully hin- 
ders, obstructs or otherwise disregards or evades such 
quarantine as they may declare, or violates any rule or regula- 
tion they shall make in attempting to stamp out or restrict the 
spread of any disease or diseases aforementioned, or who shall 
resist any peace officer acting under them, or either of them, 
shall be guilty of a misdemeanor, and upon conviction shall 
be fined not less than fifty dollars nor more than five hundred 
dollars, or imprisoned in the county jail for a period of three 
months, or both, at the discretion of the court." 

The first ground of the demurrer interposed by the de- 
fendant below is that "it is not alleged in the indictment 
found against him in this case that the two cows owned by 
him, which, it is alleged, were permitted to run at large or 

—27— 



stray on the public roads, commons and ranges of said county 
of Lincoln, were infected with any communicable or infec- 
tious diseases, or fever ticks, or other communicable dis- 
order." 

It is not necessary that the indictment should charge that 
the cattle which were permitted to run at large were infected 
with a communicable or infectious disease. The Commis- 
sioner of Agriculture and the State Live Stock Inspector are 
not limited by the statute to making rules which would pro- 
hibit live stock already diseased from running at large, but 
they are authorized and empowered by Section 7, above 
quoted, to "make such rules and regulations against the spread 
and for the suppression of said disease or diseases as in their 
judgment may seem necessary and proper." It is manifest 
that a rule which went no further than to prohibit cattle which 
were already known to be afflicted with communicable or in- 
fectious diseases from running at large would be compara- 
tively valueless in the way of preventing the spread of such 
diseases. 

The second and last ground of the demurrer is that "it is 
not shown in the said indictment what quarantine rules and 
regulations alleged to have been adopted, established and pro- 
mulgated by the Commissioner of Agriculture and State 
Live Stock Inspector of the State of Tennessee have been 
violated, evaded or disregarded." 

We think the indictment sufficient in the particulars indi- 
cated. The indictment (omitting formal caption) is as fol- 
lows, viz. : "That George Bishop, heretofore, on the 23d day 
of April, 1909, in the county aforesaid, did willfully violate, 
evade and disregard the quarantine rules and regulations 
adopted, established and promulgated by the Commissioner 
of Agriculture and State Live Stock Inspector of said State 
of Tennessee enacted and promulgated by them under and 
by authority of the Acts of the General Assembly of said 
State of Tennessee to prevent and restrict the spread of com- 
municable and infectious diseases among domestic animals in 
said State, by allowing two cows owned by him, or under his 
control, to run at large, or stray on the public roads, com- 
mons and ranges of said county of Lincoln, the same being 
a county in said State of Tennessee, in which the work of 
tick eradication is being conducted, without first having ob- 
tained written permission for such privilege from a duly 
authorized inspector of said State, and against the peace and 
dignity of the State." 

Under the practice of this State many of the formalities 
and technical requirements of the common law in respect of 
indictments have been discarded. It is provided by statute 
that "the statement of facts constituting the offense, in an in- 
dictment, shall be in ordinary and concise language, without 
prolixity or repetition." (Shan. Code, Sec. 7077.) 

We think the indictment in this case shows with sufficient 
clearness the particulars wherein the defendant has willfully 
violated, evaded and disregarded the quarantine rules and 
regulations adopted, established and promulgated by the Com- 
missioner of Agriculture and State Live Stock Inspector, etc., 
in that he has allowed two cows owned by him to run at 
large or stray on the public roads, commons and ranges of 

—28— 



Lincoln County, the same being a county in Tennessee in 
which the work of tick eradication is being conducted, with- 
out first having obtained written permission from a duly au- 
thorized inspector of the State. The necessary effect of these 
averments is to charge that the defendant has violated that 
particular rule and regulation which prohibits cattle to run at 
large in the manner stated. The demurrer was properly over- 
ruled. 

It is insisted on behalf of plaintiff in error that the evi- 
dence does not sustain the verdict of the jury. We think 
otherwise. In fact, the proof clearly establishes the guilt of 
the plaintiff in error. A pamphlet copy of the rules and reg- 
ulations governing cattle quarantine in the State of Tennessee, 
duly proven to have been adopted and promulgated by the 
Commissioner of Agriculture and the State Live Stock In- 
spector, and in force during the year of 1909, is found in the 
record. Section 1 of said rules and regulations is as follows : 
"The fact has been determined by the Commissioner of Agri- 
culture and State Live Stock Inspector, and notice is hereby 
given, that a contagious disease known as Splenetic, Southern 
or Texas Fever exists among cattle in counties and portions 
of counties situated south or below the following described 
line." Then follows the boundary of the quarantined terri- 
tory, from which it appears that all that part of Lincoln 
County lying south of Elk River is included therein. Sec- 
tion 1 then concludes as follows, viz. : "Now, therefore, we, 
John Thompson, Commissioner of Agriculture, and W. H. 
Dunn, State Live Stock Inspector, do hereby quarantine the 
area situated south and below the above-described lines and 
it is hereby ordered that cattle of the area south or below 
the said described line shall not at any time be transported, 
driven or allowed to drift therefrom to any portion of Ten- 
nessee north or above the said line, except as hereinbefore pro- 
vided for immediate slaughter. Neither shall cattle of any 
county within the said area be transported, driven or allowed 
to drift therefrom into any county within the said area 
wherein the work of tick eradication is being conducted, ex- 
cept after inspection and upon written permission issued by a 
duly authorized State Inspector." Section 5 (the particular 
rule violated by the plaintiff in error) is as follows, viz. : "No 
person or persons owning or having in charge any cattle, 
horses or mules shall permit the same to run at large or stray 
on any pubiic road, common or range in any county in this 
State in which the work of tick eradication is conducted, 
unless the owner shall first obtain written permission for such 
movement or privilege from a duly authorized inspector of this 
State ; no person shall move, or cause to be moved, any cattle 
or other domestic animal in any manner from the farm, field 
or enclosure in which they are quarantined to any other place 
except on written permission ■ from a duly authorized State 
Inspector." 

It appears, without serious controversy on the record, that 
the plaintiff in error willfully and knowingly permitted two 
cows owned by him to run at large on the public roads, com- 
mons and ranges in that part of Lincoln County south of Elk 
River on the 23d day of April, 1909 (the date set out in the 
indictment), and for a time theretofore and thereafter. That 

-29- 



theretofore, to wit, on February 3, 1909, and again on March 
I3j 1909, notices had appeared in the Lincoln County News, 
a newspaper published at Fayetteville, in Lincoln County, and 
circulating throughout that county, warning cattle owners in 
Lincoln County south of Elk River that all cattle in that terri- 
tory must "go off the range" and "go under the fence" on and 
after April 1, 1909. 

It also appears from the testimony of R. E. Koonce, Live 
Stock Inspector for Lincoln County, that during the month 
, of April, 1909, and prior to the 23d day of said month, he 
(Koonce) had a conversation with plaintiff in error concern- 
ing the rules and regulations governing cattle quarantine, and 
in the course of which conversation he produced and read to 
plaintiff in error a copy of said rules and regulations. Plaintiff 
in error admitted on the witness stand that he had the con- 
versation detailed by Koonce. 

The last assignment of error necessary to be noticed is 
based upon the refusal of the court below to give in charge 
to the jury a special request preferred by counsel for plaintiff 
in error, as follows, viz. : "The court charges that it is the 
insistence of the State in this case that a rule or regulation 
of the State Live Stock Inspector and Commissioner of Agri- 
cuture has been violated in this case, which rule or regula- 
tion has been heretofore shown you in evidence. The court 
charges that the question of whether the rule is a reasonable 
one is a question of fact for the determination of the jury 
under the evidence and the charge of the court." 

The question of the reasonableness or unreasonableness of 
the rule or regulation of the Agricultural Department in- 
volved in this case was one for the court, and not for 'the jury, 
to determine. The general rule is that the reasonableness of 
rules, regulations or by-laws adopted and promulgated by 
officials or boards pursuant to authority delegated by the 
Legislature is to be decided as a question of law, and that 
such by-law, rule or regulation, if unreasonable, is to be held 
void as a matter of law; and it is improper to submit the 
question of the reasonableness of such a by-law, ordinance or 
regulation to the decision of a jury. (Thompson on Trials, 
1057- ) 

The same question in principle has been often before the 
courts in respect of the determination of the validity of ordi- 
nances of municipal corporations — whether they are reason- 
able or unreasonable. The authorities are practically unani- 
mous in support of the rule that the question of whether an 
ordinance or by-law of a municipal corporation is reasonable 
is one of law for the court. Thompson on Trials, Sec. 1056; 
McQuillin's Municipal Ordinances, Sec. 185 ; Com. v. Worches- 
ter, 3 Pick. (Mass.), 462; Hazves v. Chicago, 138 111., 653 (42 
N. E. Rep., 373) ; State v. Boardman, 93 Me., 73 (44 Atl. Rep., 
118) ; City of Austin v. City Cemetery Ass'n., 87 Texas, 330 
(38 S. W. Rep., 528; 47 Am. St. Rep., 114) ; State v. Jersey 
City, 27 N. J. L., 348. 

The learned trial Judge did not err in refusing to instruct 
the jury as requested. 

It is earnestly insisted by the learned counsel for plaintiff 
in error that the "regulation upon which this prosecution is 
predicated is unreasonable, and, therefore, void as a matter 

-30— 



of law. In order to demonstrate the supposed unreasonable- 
ness of the regulation, counsel suppose an extreme case alto- 
gether foreign to the facts of the present case. We do not 
think that the reasonableness of any such rule or regulation 
is to be tested by its application to extreme illustrations. We 
have carefully considered the argument of counsel for plaintiff 
in error in support of the proposition that the regulations in 
question are unreasonable, and we are unable to concur 
therein. Having due regard to the objects sought to be at- 
tained, and the existing circumstances and contemporaneous 
conditions — all of which are proper to be considered — we 
think the rules and regulations adopted by the Commissioner 
of Agriculture and State Live Stock Inspector, and involved 
in this case, are reasonable and are within the powers con- 
ferred by the Act of Assembly, and, therefore, valid. 

The judgment must be affirmed. 

April 2, 1910. 

(Signed) Beard, Chief Justice. 



Additional copies of these Regulations may be obtained 
upon application to the State Live Stock Inspector, Nash- 
ville, Tenn. 



-31 












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MAKERS 

SYRACUSE, - NY. 



LIBRARY OF CONGRESS 



002 826 276 



